Procedure As What Is in the Old Code

SENECA FALLS TOWN BOARD PUBLIC HEARINGS & MEETING OCTOBER 1, 2013 procedure as what is in the old Code. Upon a violation of whether you blow grass in the road or whether you are running a junkyard in your back yard, if there is found to be a discrepancy against the Code and a violation is found, the delivery of the appearance ticket is the same. If the defendant feels they are not being properly served, then they can have their day in Court. Mr. Turkett stated in his ten years, he had to bring nine people to Court; all others have complied - Mr. McHale happens to be one that didn't. He said if one feels they are aggrieved and feel it's not right, they have a right to bring it to the Zoning Board of Appeals or an Article 78 for determination. Mr. McHale said he had no idea; Mr. Turkett replied he would have to consult an attorney for that on his side. Mr. McHale stated it sounds like he doesn't have a step-by-step policy to follow - that is what he found when he was going through this, and he is still going through it with an attorney.

Mr. McHale stated recently, he had a rear-end accident; in the process, when Ontario County police looked into the computer, they found out that there was a bench warrant for his arrest. He was being padded down in a busy intersection; this Town totally blew it. Mr. Turkett said that was a document issued by the Court because he didn't pay his fine in the amount of time allowed.

Peter DiVivi stated he owns a Wood Mill on River Road and has been there for about 41 years. He understands there is possibly a change in zoning to commercial; with that change, does it affect the tax roll - does it affect his tax liability being changed from residential or agricultural to commercial. Mr. Morrell stated his Enterprise has been there for a number of years, as well as the Veterinarian across the street, and there are a few commercial enterprises around there. He said part of the recommendation for this new Code that came from the County Planning Board is to take that area and the existing commercial properties and designate that as a commercial zone. That is also what the recommendation is of the Town Planning Board, and that is what the Board will be acting on. Mr. Morrell stated as far as taxes go, the Assessor and everybody knows that he has had a commercial operation, and he has been assessed as a commercial operation for a number of years - this designation isn't going to change anything. Mrs. Loncosky stated Mr. DiVivi is already being assessed as to what his operation is; just because the zone changes, his assessment is not going to change.

Since there were no further comments, Mr. Earle closed the Public Hearing at 7:15 P.M.

Public Hearing - Repeal Moratorium: Mr. Earle opened the Public Hearing relative to the repeal of the Moratorium at 7:15 P.M. Mr. Morrell stated in February, the Board enacted a moratorium which took the form of modifying procedures required in order to have a multiple dwelling use approved in the former Village of Seneca Falls. By its own wording, the moratorium was to be in place for one year; if and when the new Code is adopted, that will contain the procedures for multiple dwelling uses in the former Village, so this moratorium would be surplus and can be repealed. He requested the Board hold off action on this repeal until the Board acts on the new Code measure.

Since there were no further comments, Mr. Earle closed the Public Hearing at 7:18 P.M.

Mr. Earle called the regular monthly Meeting to order at 7:20 P.M. All Board Members were present; the Pledge of Allegiance followed.

Petitioners:

Ruth Same - Elections at Community Center: Ruth Same, Commissioner of Elections, thanked the Board for hearing her concerns about our Community and the Polling place in Seneca Falls. In May, she informed Mr. Earle about two issues, the first being the problem of handicapped access for voters at the Community Center, and the second is her concern for public safety in the event of an emergency evacuation in the Town of Seneca Falls. When she spoke to Mr. Earle, he said he would contact the Town Engineers regarding both issues and get back to her; to date, she has not received a reply. Mrs. Same said not knowing what else to do, she requested to be placed on the Agenda so she could present her concerns to the full Town Board. Once her request was granted to come before the Board, Mr. Earle contacted Mr. Spina. On Monday, the Commissioners and the Voting Machine Technician visited the Community Center regarding the upcoming Election. During this Meeting, Mr. Spina offered to close the Center on Election Day and open the main doors for voters with disabilities. She understands that installing an appropriate ramp, door handles, slam button, etc. to the back door of the building to meet the regulations is extremely costly, and therefore, have agreed to try the new arrangement for one year. Mrs. Same mentioned that Mr. Spina has always been very cooperative with their Office, and does everything he can to make things work.

Mrs. Same stated her second concern is Emergency preparedness. She was a volunteer with the Emergency Management Team at the time of the microburst, and became aware that the SF Police Department did not have a working generator. She understands that since that time, they now have a working generator. Mrs. Same asked Mr. Earle if he ever contemplated what the Board would do if they had to evacuate an entire neighborhood, possibly 200-300 residents. It occurs to her that the only Town facility that could house that many people would be the Community Center which has no generator. She asked if he didn't think it would be a good idea of getting one, and Mr. Earle's response was he would have to get with the Town Engineers to look SENECA FALLS TOWN BOARD PUBLIC HEARINGS & MEETING OCTOBER 1, 2013 into it, which hasn't been done. Mrs. Same said Seneca Falls isn't the only Community in Seneca County that is not prepared for an emergency. She added it's very scary, and this Board needs to take some action for emergency action.

After brief discussion, Mr. Earle stated the Board will take her suggestions at heart. He added as Mrs. Same has found out, she has made progress with the Community Center because there has been changes as to access for the handicapped. He said an entire Community Center generator is not something you just do; it has to be done at Budget time - it will be discussed at Budget time.

Chief Peenstra noted that the Department does have a working gas generator, and they have extra gas on hand; it will run for hours. Brief discussion followed relative to how long the generator runs, and Mrs. Same's concerns about Election day and no power to generate the electronic voting machines.

Scott and Dawn Rude -Dewey's Party House: Scott Rude said they were here last month which has to do with Dewey's Party House. For the last 2 1/2 years, they had to deal with the music being extremely loud. The problem he has is the zoning law now is 9:00 PM to 7 AM; the Board wants to change it to 10:00 PM. Mr. Rude said if that happens, his daughter and kids around that area will have problems in school if they have to listen to this. There are times they had to leave the house because the doors and windows rattle. There is no reason why a child should have to leave the comfort of her home because the noise is so loud.

Dawn Rude stated her biggest concern is her daughter. She has a very hard time concentrating because of her learning disability. When the music is so loud that it pounds through the house, it gives her migraines and she has to leave home. Mrs. Rude said this is uncalled for, it's unnecessary and it's not right.

Mrs. Rude stated Mr. Dowd wanted to have a special event permit for Tuesdays; if these events are consistent every Tuesday, how are they considered a special event, and why should he get a permit to go past 9:00 PM.

Mr. Earle asked if there was anything new that he has. He said Mr. Rude's recourse is to keep reporting that, if it is exactly like he said. He added as far as making a code or rule for just one piece of property next to the establishment - he doesn't know what he is asking this Board to do. Mr. Rude said he is asking the Board to not change the zoning - leave it at 9:00 PM.

After further discussion, Mr. Earle thanked Mr. Rude again for coming and speaking. The Board is not ignoring him; it will try to work out some kind of a solution.

Barbara Riegel - It's a Wonderful Life: Barbara Riegel, President of It's a Wonderful Life Committee, thanked the Board for their past support, and said she is here to request the release of the budgeted $2,000.00 as a donation for the 2013 festivities. She noted the Board has a copy of her letter.

Approval of Minutes:

A motion was made to approve the Minutes of the Special Meeting of August 27, 2013 by Duane Moore and seconded by Sue Sauvageau. Motion carried 5 ayes, 0 nayes.

A motion was made to approve the Minutes of the regular monthly Meeting of September 12, 2013 by Emil Bove and seconded by Sue Sauvageau. No questions. Motion carried 4 ayes, 0 nayes, 1 abstention; Councilman Casamassima abstained from voting.

Reports:

Dog Control Officer: The Dog Control Officer's report states that five dogs were impounded; one adopted and four dogs still being held. Three Appearance tickets were issued. A total of $50.00 in fees was collected and turned over to the Town Clerk.

A motion was made to accept the Dog Control Officer's report by Sue Sauvageau and seconded by T.J. Casamassima. No questions. Motion carried 5 ayes, 0 nayes.

Zoning Officer: Mr. Turkett stated 48 Permits with about $500,000.00 in improvements was applied for during the month of September; details are in his report.

Mr. Earle stated Mr. Turkett has expressed to him that when he has a complaint or observes a violation of the Code, he has a series of letters that he sends out. Mr. Turkett said that is correct. He does a courtesy letter first indentifying the problem and asking for remediation; generally he gives them 10 to 20 days. If he hasn't received a response to that letter, he sends a final notice asking again for a response; if there is no response to that regular mail mailing, he sends a third mailing which is registered mail, return receipt requested. If there is no remediation at that point, he prepares a criminal summons to bring those people to Court. Mr. Turkett stated SENECA FALLS TOWN BOARD PUBLIC HEARINGS & MEETING OCTOBER 1, 2013 he always strives for compliance first. Mr. Morrell commented that the entire procedure that Mr. Turkett just laid out is all done as a courtesy - none of that is required under the Town's Code or the New York State Law. He added it is important for the Board to understand that this is all done as a courtesy, and none of it is required by anybody. Mr. Earle pointed out that many times, Mr. Turkett makes a physical visit to the property. Mr. Turkett said he sometimes makes a couple of visits to try and get compliance. He added as he mentioned, if the person doesn't agree with the determination he made, they can go the Zoning Board of Appeals for interpretation of that Code.

A motion was made to accept Mr. Turkett's report by Sue Sauvageau and seconded by Emil Bove. No questions. Motion carried 5 ayes, 0 nayes.

Commissioner of Parks & Recreation: Mr. Spina referred to the Canal Grant Project, and said one of the things that was discussed was the development of extra boat slips/docking on the south side of the Canal. He talked to the Seneca Knit Corporation to make sure they were on board with the plans, and they were not only in favor, but they completely support it and think it's a great usage if that is developed. Mr. Rowe mentioned that the Project is currently out to bid, with bids to be received by October 16th.

Mr. Bove asked if Mr. Spina had a report relative to implementing a sound system. Mr. Spina replied he has one actual bid, and he has another one who sent him an idea of what they want to do but he hasn't received a bid yet. He has another person coming out early next week. Hopefully by November, he will have all three bids. Brief discussion followed.

A motion was made to accept Mr. Spina's report by T.J. Casamassima and seconded by Emil Bove. No questions. Motion carried 5 ayes, 0 nayes.

Highway Superintendent: Mr. Earle said Mr. Wood has been excused. He is working on Bayard Street putting in curbs, and will be paving the Street at night since there is too much traffic to do it during the day.

Assessor: Mrs. Loncosky stated a lot of Senior Citizens are coming in to renew their exemptions. They have been fielding a lot of questions regarding the Basic Star re-registration, and they have done some on the computer for them if they don't have access to a computer. Mrs. Loncosky indicated that she has been in the field looking at property and taking pictures of new construction.

A motion was made to accept Mrs. Loncosky's report by Emil Bove and seconded by Sue Sauvageau. No questions. Motion carried 5 ayes, 0 nayes.

Attorney for the Town: Mr. Morrell said he had nothing to report other than what is on the Agenda that will be discussed as it comes up. He noted there is a litigation matter that can be discussed in Executive Session.

Town ;Justice: No report.

Water & Sewer: Mr. Pickard stated the new pumps have been installed and are currently operating, and there is a little more work to do on the High Lift new pumps at the Water Treatment Plant. At the last Meeting, he reported on the Auburn Road water tower, and they are currently getting estimates to replace the 8" fill pipe.

Mr. Earle stated in Mr. Pickard's report, he mentioned that the installation of the alum sulfate chemical bulk storage tanks project is complete. Mr. Pickard said it is complete; the Engineer from Barton & Loguidice is working with him to get the system approved by the State so they can utilize the tanks.

A motion was made to accept Mr. Pickard's report by Duane Moore and seconded by Emil Bove. No questions. Motion carried 5 ayes, 0 nayes.

Police Chief: Chief Peenstra stated the Board has a copy of his report. Under New Business, he is requesting to purchase a new server which is somewhat critical. He mentioned that Officer Robert Mansell transferred to Wayne County Sheriff's Department; he will report on that in November.

A motion was made to accept Chief Peenstra's report by Sue Sauvageau and seconded by Duane Moore. No questions. Motion carried 5 ayes, 0 nayes.

Barton & Loguidice: John Condino stated they are finalizing the update for the Asset Management Plan which will be reviewed during the Budget Session. He added they are working closely with Mr. Pickard to correct some of the issues with the projects that are ongoing, and also the issue of the Auburn Road water tower which they hope to have a recommendation before the November Meeting. Brief discussion followed.

Building Committee: Mr. Earle stated they have been working on different locations. Some information will be discussed in Executive Session. He said they hope to have something for the public at a soon date. SENECA FALLS TOWN BOARD PUBLIC HEARINGS & MEETING OCTOBER 1, 2013

Communications:

A motion was made to receive and file Communications numbered 1 to 14 by Emil Bove and seconded by T.J. Casamassima. No questions. Motion carried 5 ayes, 0 nayes. Communications numbered 1 to 14 are as follows: 1. Minutes of the Zoning Board of Appeals Meeting of August 22, 2013. 2. Notice of reorganizing their channel lineup by category on or about October 15, 2013 from Time Warner Cable. 3. Checks totaling $31,601.45 representing payment of Sewer Service Agrement, Town Justice August report, Community Center receipts, gross receipts tax, Insurance premium payments, final TEP payment, burial fees, plot purchase, BFD fuel reimbursement and HSA reimbursement. 4. Notice of renewal and alteration application for liquor license from Patrick Vannelli (Little Italy). 5. Newsletter from Seneca Falls Historical Society. 6. Monthly Report for the month of August 2013, as per Town Operating License and Host Community Agreement, from Seneca Meadows, Inc. 7. BlackBrook Monitoring Report, 2nd Quarter, Leachate and Gas Condensate report, 2nd Quarter and Groundwater Monitoring Report, 2nd Quarter, from Seneca Meadows, Inc. 8. Pledges of Collateral, April 1, 2011 to August 31, 2013, from M&T Investment Group. 9. Notice to Occupant of Intention to discontinue Service supplied to landlord or rental property Owner by NYSEG. 10. Resolution from the Town Board of the Town of Tyre opposing Seneca Meadows plan for railroad spur. 11. Minutes of the Heritage Preservation Commission Meeting of August 27, 2013. 12. Minutes of the Seneca County Planning Board Meeting of August 8, 2013. 13. Reports and Resolutions from the Seneca County Planning Board relative to the Town's Zoning and Subdivision re-adoption, an Area Variance and Site Plan Review. 14. Notice of Public Hearing relative to a local law to override the Tax Levy limit established by General Municipal Law from Town of Fayette.

Old Business:

Shelter at South Street: Mr. Spina stated he and Mr. Marquart discussed this, and they feel they can put a roof on the shelter and finish it up for about $1,500.00; Mr. Marquart will do the work. He asked the Board if they want them to finish it up, and if so, the Board needs to approve the expenditure not to exceed $1,500.00 for materials.

A motion was made authorizing the expenditure not to exceed $1,500.00 for materials to complete the shelter at South Street by Duane Moore and seconded by T.J. Casamassima. No questions. Motion carried 5 ayes, 0 nayes.

Appointment of Assessor: Mr. Earle stated as reported at the last Meeting, the Board is advertising to see what is out there as far as Assessor. He said it's a 6-year appointment, and they want to make sure they have what they need to move forward. He spoke with Mrs. Loncosky, and she would like to stay on until the Board makes a decision. Mr. Bove added they are meeting with Representatives of the Town of Fayette this week to discuss how to go forward.

Lease - Water Tower: Mr. Earle stated at the last Meeting, the Board approved going forward with a lease with Verizon who wants to put antennas on the Auburn Road tower which would bring 4g coverage to our area. They had proposed that they would accept a lease of $1,300.00 a month. Mr. Morrell mentioned that it is a lease that has been used on other properties in the Town; there is no reason not to go forward. He said this was carried over to address the rent; the rent amount seems to be where the market is. Mr. Morrell suggested going forward with this. Discussion followed relative to the length of the lease.

A motion was made authorizing the Town Supervisor to sign the lease with Verizon with a rent amount of $1,300.00 a month by Duane Moore and seconded by Sue Sauvageau.

Mr. Turkett asked if it was a replacement or a new antenna; Mr. Earle replied that is was a brand new antenna - Verizon is not on that tower at this point. Mr. Turkett mentioned that he has not seen an application for a permit. Mr. Earle said they have not gotten to that point - they wanted to have the lease intact first. He added they will be submitting one. Mr. Pickard asked where the electronic equipment will be placed; Mr. Earle replied that will be worked out with us.

The above motion made by Duane Moore and seconded by Sue Sauvageau authorizing the Town Superviwsor to sign the lease with Verizon with a rent amount of $1,300.00 a month was carried 5 ayes, 0 nayes.

Sewer - Establish Equipment Reserve Fund: Mr. Morrell stated the Board has a copy of a Resolution to establish a Capital Reserve Fund for the Seneca Falls Department of Water and Sewer. He explained that the SENECA FALLS TOWN BOARD PUBLIC HEARINGS & MEETING OCTOBER 1, 2013

Department of Water and Sewer can carry over funds from year-to-year. This is all part of the Asset Management Plan so the Department can save up money to restore their assets on a regular basis rather than waiting for an emergency. Mr. Morrell noted this is specifically not to be subject to a permissive referendum at this point. However, if there were any purchases to be made for assets that would require a permissive referendum, one would have to be conducted at that time; the majority of the assets will not be of that nature. Brief discussion followed.

A motion was made by Emil Bove and seconded by Duane Moore to adopt the following Resolution establishing the Seneca Falls Department of Water and Sewer Capital Reserve Fund:

RESOLVED, that pursuant to Section 6-c of the General Municipal Law, as amended, there is hereby established a capital reserve fund to be known as the "Seneca Falls Department of Water and Sewer Capital Reserve Fund" (hereinafter "Reserve Fund"). The purpose of this Reserve Fund is to accumulate moneys to finance the cost of a type of equipment. The type of equipment to be financed from the Reserve Fund is the acquisition of equipment and vehicles to be used by the Seneca Falls Department of Water and Sewer.

The Chief Fiscal Officer is hereby directed to deposit and secure the moneys of this Reserve Fund in the manner provided by Section 10 of the General Municipal Law. The Chief Fiscal Officer may invest the moneys in the Reserve Fund in the manner provided by Section 11 of the General Municipal Law, and consistent with the Investment Policy of the Town Board. Any interest earned or capital gains realized on the moneys so deposited or invested shall accrue to and become part of the Reserve Fund. The Chief Fiscal Officer shall account for the Reserve Fund in a manner which maintains the separate identity of the cash and investments of the Reserve Fund.

Except as otherwise provided by Section 6-c of the General Municipal Law, expenditures from this Reserve Fund shall be made only for the purpose for which the Reserve Fund is established. No expenditure shall be made from this Reserve Fund without the approval of this governing Board and without such additional actions or proceedings as may be required by Section 6-c of the General Municipal Law. No questions. Motion carried 5 ayes, 0 nayes.

New Business:

Approval of Special Events: Mr. Spina said he didn't have anything that needs Board approval. He did mention the two October Events they have scheduled - the Forever Young 5K starting and finishing at Kids' Territory on October 12th, and the Annual Halloween Parade and Carnival on October 26th beginning at 2 PM.

Mr. Spina stated they did receive today the application for the festival and parade from the It's a Wonderful Life Committee; there are some changes in the events from last year to this year which they are reviewing. He noted this will be presented to the Board next month for final approval.

2014 Tentative Budget: Mr. Earle indicated the Board has a copy of the 2014 Tentative Budget; Budget Workshops will be set up to go through line items to see where it can be cut, if possible. Mr. Bove asked if it was going to be posted on the website; Mr. Earle replied he doesn't believe the Tentative Budget is. Mr. Bove said it is available to the public - why not publish it on the website; he is in favor of the public seeing it. Mr. Earle stated all of the Budget Workshops are open meetings, and the public can come in. He asked if there were any problems with posting it on the website; Mr. Morrell replied no, as long as it's clear that it is a Tentative Budget, and there is a process and procedure of what is to come. Brief discussion followed.

A motion was made to post the 2014 Tentative Budget on the Town website with the dates of Budget Workshops, and state that it is a tentative budget and invite public comment by Emil Bove and seconded by T.J. Casamassima.

After lengthy discussion relative to posting the Budget on the website, the above motion made by Emil Bove and seconded by T.J. Casamassima to post the 2014 Tentative Budget on the Town website was carried 5 ayes, 0 nayes.

Budget Workshop Dates: Mr. Earle stated he will send out some tentative dates to the Board Members, and would like the dates set by the end of the week so they can be published.

Reschedule November Meeting Date: Mr. Earle said since the Board's regular scheduled Meeting in November falls on Election Day, the Board needs to change the date of the Meeting.

A motion was made to reschedule the November Meeting to November 7, 2013 at 7:00 PM by T.J. Casamassima and seconded by Sue Sauvageau. No questions. Motion carried 5 ayes, 0 nayes.

Set Public Hearing Date - 2014 Preliminary Budget: A motion was made to conduct a Public Hearing relative SENECA FALLS TOWN BOARD PUBLIC HEARINGS & MEETING OCTOBER 1, 2013 to the 2014 Preliminary Budget at 7:00 P.M. on November 7, 2013 by T.J. Casamassima and seconded by Sue Sauvageau. No questions. Motion carried 5 ayes, 0 nayes.

Contribution - It's a Wonderful Life: A motion was made to contribute the budgeted amount of $2,000.00 to It's a Wonderful Life Committee as it is a benefit to the Community by Duane Moore and seconded by T.J. Casamassima. No questions. Motion carried 5 ayes, 0 nayes.

Local Law #4 - 2013 - Highway Superintendent's Position: Mr. Morrell stated the proposed Local Law would take the position of Highway Superintendent and change it from an elected position to an appointed position. He noted a mandatory referendum is required. If the Board adopts this Local Law this Evening, a ballot proposal would be prepared and forwarded to the Seneca County Board of Elections and it would appear on the November ballot. He added it does not become valid until voted upon and approved by a majority of the voters. It shall not take effect until after the term of the current Highway Superintendent expires. Mrs. Same asked if the effective date is part of the proposal; Mr. Morrell replied yes - it's part of the Local Law. Miss Sauvageau asked how would the Board manage to get a job description and a term associated with this Resolution so that the public would know what they are voting on since there is only one more meeting. Mr. Morrell replied the position would be the Board's to create. He recommended that the Seneca County Personnel Department be contacted as the Board does with all the Town's positions, descriptions and Civil Service classifications. Mr. Morrell stated part of the reasoning of why this is coming up is with the dissolution of the Village, this position has taken on a whole host of responsibilities that did not typically belong to the Highway Superintendent under the State Law.

Mr. Earle stated the Budget Workshops are open Meetings, and the Board can conduct business if necessary. He added as far as getting more information for the public, the Board has an opportunity to approve something before that time.

A motion was made to adopt Local Law #4 - 2013, a Local Law providing for the position of Highway Superintendent to be appointed rather than an elected position, by Emil Bove and seconded by Duane Moore.

Mr. Bove said after hearing Mrs. Same's comments, he is a little concerned about putting it on the ballot and having time to make a job description and having enough information available for people to vote on. He would like it to be a Civil Service position. Lengthy discussion followed.

The above motion made by Emil Bove and seconded by Duane Moore to adopt Local Law #4 - 2013 was carried 4 ayes, 1 nay; Councilwoman Sauvageau with the dissenting vote.

Local Law #5 - 2013 - Town Code: A motion was made to adopt Local Law #5 - 2013, a Local Law to amend the zoning map of the Town of Seneca Falls and re-adopt the entire Town Code, with amendments, by Emil Bove and seconded by Duane Moore. No questions. Motion carried 5 ayes, 0 nayes.

Local Law #6 - 2013 - Repeal of Moratorium: Mr. Morrell explained this is the repeal of the Moratorium (Local Law #1) which amended the zoning Code of the former Village with regard to the procedures required for multiple dwelling uses. He said because the Board adopted the new Code, this Moratorium is unnecessary.

A motion was made to adopt Local Law #6 - 2013 which would repeal Local Law #1 - 2013 regarding the procedures required for multiple dwelling uses within the former Village by Emil Bove and seconded by T.J. Casamassima. No questions. Motion carried 5 ayes, 0 nayes.

Purchase Server - Police Department: Mr. Earle stated the server at the Police Department has been shutting off; it's a very important server for all of the operations of the Police Department. He said if it dies completely, it would take quite a while to get back up and running which would impact the ability to perform a lot of the duties of the Police Department. The quote from Entre to replace the server and also having a backup piece of equipment is $19,247.00. Peter Pizzutelli from Entre Computer Services explained that the current system is a tape backup system; all the equipment in the server room is about seven years old and in bad shape - typical life of servers is 3-5 years. In the event of a failure of a server, the backup box would keep the operations running. Mr. Pizzutelli stated even in the event of a disaster, it is set up so that the data and program can be stored in a secure data center so that it can be recovered much more quickly. He noted all the equipment they are proposing is portable and can be moved to a new facility.

Mr. Earle stated the total cost of all the equipment plus installation is $19,247.00; $10,000.00 is budgeted this year for a server for the Town Offices which hasn't been done; this server is more of an emergency. The amount over $10,000.00 can come out of Contingency. Further discussion followed.

A motion was made to purchase the server and backup equipment from Entre Computer Services at a cost of $19,247.00, funds to be taken from the $10,000.00 budgeted for server for Town Offices and the remaining amount to be taken from the Contingency Fund, by Duane Moore and seconded by Emil Bove. No questions. SENECA FALLS TOWN BOARD PUBLIC HEARINGS & MEETING OCTOBER 1, 2013

Motion carried 5 ayes, 0 nayes.

Mr. Earle noted this is an emergency action, so it didn't need to go out to bid.

Brush & Leaf Pickup - Week of November 10th: Mr. Earle mentioned that the Highway Department will have a brush and leaf pickup the week of November 10th; they will be making one pass only.

Adopt Code Fee Schedule: Mr. Morrell stated whenever there is a fee associated with different parts of the Code, it refers to the fee schedule. The fee schedule can be adopted yearly and can be done by resolution of the Board rather than by local law as the Town Code was - it would be easier to change. That is why he is advising the Board to adopt this part separate than in the Code. Mr. Bove asked if it would be in effect until January 1st - will the Board do this every year in January. Mr. Morrell replied it would be in effect until further changes. He advised that this should be reviewed regularly.

A motion was made to adopt the Code Fee Schedule dated October 1, 2013, to remain in effect until the Reorganizational Meeting in January 2014 by Emil Bove and seconded by T.J. Casamassima.

Discussion followed relative to the procedure that Mr. Turkett followed regarding establishing the fees. Mr. Earle noted that the fees that did increase were either already existing in the Town or former Village, or they were comparable to other municipalities - they were not just pulled out of the air.

The motion made by Emil Bove and seconded by T.J. Casamassima to adopt the Code Fee Schedule dated October 1, 2013 was carried 5 ayes, 0 nayes.

Payment of Bills:

A motion was made by Emil Bove and seconded by Sue Sauvageau to approve and order paid the following bills: General Fund - $131,111.80 (Abstract #10) Vince's Park Fund - $2,426.92 (Abstract #10) Miscellaneous Fund - $34,476.54 (Abstract #10) Water Fund - $30,375.56 (Abstract #10) Highway Fund - $48,674.91 (Abstract #10) Sewer Fund - $25,715.21 (Abstract #10) Recreation Fund - $23,598.82 (Abstract #10) No questions. Motion carried 5 ayes, 0 nayes.

At 9:00 P.M., a motion was made to go into Executive Session by T.J. Casamassima and seconded by Emil Bove relative to the following: 1. Discuss litigation and litigation strategy regarding the matter of the appeal of the Town of Seneca Falls vs. McHale. 2. Discuss a specific personnel matter. 3. Discuss a matter that could affect the value of real property No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to reconvene the regular monthly Meeting at 9:40 P.M. by T.J. Casamassima and seconded by Sue Sauvageau. No questions. Motion carried 5 ayes, 0 nayes.

Being there was no further business, a motion was made to adjourn the Meeting by T.J. Casamassima and seconded by Sue Sauvageau. No questions. Motion carried 5 ayes, 0 nayes.

Meeting adjourned at 9:40 P.M.

Respectfully submitted,

NICALETTA J. GREER Town Clerk SENECA FALLS TOWN BOARD PUBLIC HEARINGS & MEETING OCTOBER 1, 2013